Facts
A.X. is the sole heir of her father H.X., who had entrusted various matters to lawyer Y. After the death of H.X., A.X. initiated an action against Mr. Y. to obtain an accounting of all the operations carried out by the lawyer concerning her parents' assets. However, Mr. Y. invoked the lawyer's professional secrecy to oppose the disclosure of certain information.
The Federal Tribunal dismissed A.X.'s appeal against this decision. It considered that the lawyer's professional secrecy is fully opposable to the heirs of the deceased client, in accordance with the majority opinion in the doctrine. Only the competent supervisory authority may possibly lift this secrecy, and the lawyer remains free not to reveal the information covered even if he is released from it.
Considerations
The Federal Tribunal explained that the lawyer's professional secrecy, governed by Art. 321 of the Criminal Code and Art. 13 of the Lawyers Act, takes precedence over the general rules of the mandate contract. Contrary to the contractual obligation to remain silent, professional secrecy only covers the lawyer's specific professional activity, excluding other services such as asset management.
According to the Tribunal, the client's heirs do not enjoy any special prerogative to lift the…